Late fathers property

[BarryD81]

Hi,
My deceased fathers house was auctioned recently and I have been in contact via email with the solicitor handling the administration of the estate. I had no idea that the house was being auctioned as it was being handled by my brother (with whom I have a complicated relationship). The solicitor informed me that 'There is a restriction on the property title which stipulates that two proprietors are required to dispose of the property' and I was asked to provide them with ID, bank details etc. I am aware that my brother was sent an AS1 form to sign and return.

However, today I received an email from the solicitor informing me that 'I have had confirmation from the Land Registry that they are unable to assent the property into both your name and (brothers name) – therefore, the sale will be proceeding with (brother) as the Personal Representative of the estate of the late (fathers name). Then goes on to tell me that my assistance is no longer needed.

I feel like I have been completely cut out of the picture and I am wondering why the property can't be in two names. If the total amount of the proceeds from the sale go directly to my brother, I will get absolutely nothing.

If anyone has any advice on where I stand or if I have any come back to this I would be most grateful.

Thanks in advance.

Barry

[PallasAthena]

We need a bit more information please.

Was your father the sole owner of the house?

Did he leave a Will? Do you have a copy of it? If so who are the named Executors? If you haven't been given a copy of the Will you should be able to find it on this site and download a copy once Probate has been issued. It's not normally possible to sell a house at auction unless Probate has been issued so it should be on this site. Search probate records for documents and wills (England and Wales) - GOV.UK

Who are the beneficiaries in the Will who receive the proceeds of the house sale?

Is the solicitor an actual Executor or is he just appointed by the Executor(s) to carry out estate administration tasks?

[BarryD81]

Thanks for the quick reply.

My father was the sole owner.

There was no will.

The solicitors letter just says that they are acting in the administration of my late fathers estate.

I know this is all vague but I have never owned property and I admit I am clueless.

My brother basically snatched the keys to the house when my father died, said 'i'll sort it' and disappeared. I was too busy grieving to really care at the time.

[PallasAthena]

Look at the site I gave you the link for. You should find a copy of the Letters of Administration ('Probate' for when someone hasn't left a Will). You can download that for (I think) a fee of about £1. That will confirm who has been appointed Administrator - I assume your elder brother. In this case I imagine the solicitor is just hired by your brother to carry out estate adminis tration tasks, so he's working for your brother.

[atticus]

Had you thought of asking the solicitor what the plan is and when you can expect to receive your share?

[BarryD81]

Pallasathena- I followed the link and yes my brother is named as administrator. There is also a letter confirming that there is no will.

Atticus-I did ask these questions and received this response-''Nearer to the time of completion a Completion Statement will be issued detailing all expenses in relation to the sale of the property and the net sale proceeds. The net sale proceeds would then be transferred to the estate file which our Private Client Team are dealing with, who would then deal with distribution of the estate proceeds once ready to do so.''

They have referred to me as a beneficiary and said that two proprietors are required for the sale to go ahead but the email today basically sounds like everything is in my brothers name and I am no longer required? Is this correct? Am I no longer a beneficiary since the property will just be in my brothers name as per the AS1 form?

[Pezza54]

These are my thoughts:
The solicitor could have applied to Probate to appoint yourself and your brother joint administrators, but for some reason decided to apply for just your brother as sole administrator.
Now your brother has been granted letters of administration (appointed administrator) and your father's property sold, your brother with the help of the solicitor, can transfer the property to the new owner by sending completed form TR1 to the Land Registry
If you and your brother are the only siblings, then under the rules of intestacy you will inherit half of the remainder of your father's estate, which includes proceeds of the property sale

[atticus]

Exactly.You are a beneficiary of your late father's estate.

[BarryD81]

Thank you all for your advice so far.

So, do the rules of intestacy still apply despite my brother being the sole administrator?

[atticus]

They do.

[PallasAthena]

You can use the government's Intestacy calculator to see who gets what from the Estate. It's irrelevant that your brother is appointed Administrator and you are not. The proceeds of the house sale (and anything else your late father owned) must be distributed in accordance with these Intestacy rules.

Intestacy - who inherits if someone dies without a will? - GOV.UK

[BarryD81]

Thank you again. I have a response from the solicitor this morning.

''The Land Registry have stated that this was meant to have been done at the time of (fathers) death, therefore as this has now surpassed they cannot register the property into two names.
Once the fees due to (local) Council are paid off on completion the restrictions should be removed by way of (local) Council applying to do so.
I cannot comment as to the set up of who was asked to be Personal Representatives – you would need to speak with (Brother).''

Does this change anything? Am I asking the wrong questions? Do I need to contact the council for any information?

They have several times asked me to speak with my brother despite me telling them that it is not really possible

[PallasAthena]

If the house has been sold at auction and this is just about signing the paperwork to transfer ownership to the auction purchaser why get involved if you don't have to? Leave it to your brother and the solicitor to sort it out.

If there is outstanding council tax holding up the transfer again why not leave it to them to sort out? Why would you tell the council it's not really possible for them to speak to your brother? Just give them his address and leave them to contact him. He's the sole personal representative/Administrator so he has to deal with it.

What matters to you is surely that the sale proceeds (and the rest of the Estate) are split between you in accordance with intestacy rules. From you have said it seems that will be 50/50 between you and your brother after expenses are paid.

[BarryD81]

Thanks for your reply. Your input has put my mind at ease. It just feels like something is being taken away from me and that I should be doing something rather than nothing.

[PallasAthena]

If the council do contact you again about whatever the issue is give them the solicitor's contact details. The solicitor is unlikely to ignore the council.